Is kidnapping a child during a car theft strict liability?

If a mother leaves her child sleeping in the car while she runs inside the store and someone decides to steal her car without knowing the child is in the back seat, is that considered strict liability?

He is obviously guilty of stealing the car with intent, but he did not know the child was in the back seat and could still be charged with kidnapping.

7 Answers

  • Bruce
    Lv 7
    1 decade ago
    Favorite Answer

    The definition of kidnapping is determined by state law, so I suspect your answer will vary. In the state of Wisconsin, kidnapping requires force or deceit so it would not apply.

    It would quite likely get him the maximum sentence for the theft of the car. It is also quite likely the mother would be charged with child endangerment.

    Source(s): Law enforcement since 1991
  • Anonymous
    1 decade ago

    That sounds a lot like when someone robs a store and sombody gets killed in the process, even if they didnt fire the gun they are charged with felony murder.

    I think when someone commits a crime they are held responsible for all consequences whether intended or not.

    (I dont know this for sure....just a guess)

  • 1 decade ago

    I can't believe that 2 police officers have different answers concerning the law. If I were to accept either as the truth, I'd be inclined to go with Bruce. He appears to have researched the answer more completely up to and including the assurance that the victim of the crime would also be prosecuted. KCV's answer was pretty universal and hard to accept as accurate. I wish some people would do more research, right KCV?

  • 1 decade ago

    nope the person just wants the car.. and doesn't look or care

    note you should NEVER leave a child unattened in a car that person can be charged for child endangerment

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  • Anonymous
    1 decade ago

    That falls under strict liability

  • 1 decade ago

    He will face a stern sentence. 2 years probation maybe even community service.

  • 1 decade ago

    Since "intent" is not required....yes!

    Source(s): Police Officer +30 years
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